Fire victims may sue Santa Cruz County over pot grow

Mark and Debbie Engel are suing Santa Cruz County for allowing a marijuana growing operation in their neighbor's home on Forest Park Lane in Aptos where a fire broke out destroying their home in October 2013. (Dan Coyro -- Santa Cruz Sentinel file)

Aptos >> An Aptos couple who lost their home in an October blaze have filed a novel claim against Santa Cruz County, saying it should have shut down a neighboring marijuana grow.

The Oct. 8, 2013 fire destroyed two homes, including the longtime Forest Park Lane residence of Mark and Deborah Engel. The couple claim they repeatedly notified the authorities about a neighboring pot grow, and look set to file a suit with potential implications for counties across the state.

"If the county were to be brave enough to do something about it, they would get beat upon by other counties because they would be setting a precedent," said Philip Buckwalter, a lawyer for the Engels. "I believe they are responsible to my clients to pay, just in fairness."

The Engels lost their home of 34 years in the blaze, including a lifetime of family memorabilia. They now live on temporary housing on a relative's property, unsure if they're going to rebuild on the site of the fire.

But their insurance will only cover a portion of the losses, and the couple are seeking $250,000 from the county. Despite the widespread acceptance of medical pot, the suit raises questions about municipal oversight of an activity that walks an ever-changing line between legal and illicit.

The claim goes before the Santa Cruz County Board of Supervisors on Tuesday, where such claims are rejected as a matter of routine. But they are frequently a harbinger of a full lawsuit.

The Engels claim they reported the marijuana grow operation 15 times, and that the Santa Cruz County Sheriff's Office knew about it but did nothing due to a county hands-off policy. However, law enforcement officials often complain that their hands are tied when it comes to medical pot.

Anthony Reynolds-Boken, the former Engels neighbor and lived in the home where the blaze started, said there had been a medical marijuana grow at the house but that it was dismantled before the fire started.

Reynolds-Boken said the grow complied with medical pot rules, adding that there were no grow lights or rigged electrical systems in place when the fire started.

"Nothing like that at all, whatsoever," Reynolds-Boken said. "There were a few plants on the deck, but they may have well as been tomato plants."

The county recently outlawed all marijuana dispensaries and grows, but granted them immunity from prosecution if they complied with a suite of new rules and regulations. Those rules were backed by the local medical pot community, which saw in them an official stamp of approval.

Buckwalter pointed out that several county homes being used for narcotic production have been destroyed in recent months, and said the suit brings up a political issue — he wants local candidates to say what they would do about the problem.

Buckwalter also said more regulation of marijuana is warranted, including requiring dispensaries to buy from insured growers.

"You need to take it from the ground to the store. If you want to protect life and property in Santa Cruz, then you have to," Buckwalter said.

Counties do get sued over hazardous conditions. For example, claims over vehicle damage from road conditions, such as potholes, are common.

But there does not appear to be legal precedent on whether law enforcement officers are obligated to shut down pot grows, or whether they are liable for any damages from such grows.

"I have not seen anything like that at all," Assistant County Counsel Jason Heath said.

However, courts have held that police may use their discretion on when and whether to enforce the law, Heath said.